188 CASE OF THE UNITED STATES. 



to enter bays and harbours for four purposes only, viz., — for shelter, 

 the repairing of damages, the purchasing of wood, and to obtain 

 water. 



You are to compel, if necessary, the maintenance of peace and good 

 order by foreign fishermen piu'suing their calling and enjoying con- 

 current privileges of fishing or curing fish with British fishermen, in 

 those parts to which they are admitted by the Treaty of 1S18. 



You are to see that they obey the laws of the country, that they 

 do not molest British fishermen in the pursuit of their calling and 

 that they observe the regulations of the fishery laws in eveiy respect. 



You are to prevent foreign fishing vessels and boats wliich enter 

 bays and harbors for the four legal purposes above mentioned, from 

 taking advantage thereof, to take, dry or cure fish therein, to pur- 

 chase bait, ice, or supphes, or to transsliip cargoes, or from transacting 

 any business in connection with their fishing operations.* 



Soon after the adoption of these instructions, the Canadian authori- 

 ties proceeded under the provisions last above quoted to seize Ameri- 

 can fisliing vessels on the coasts covered by the renunciatory clause 

 of the treaty, and it at once became evident that the purpose of these 

 provisions was to interrupt and put an end to the trade privileges 

 which had been extended to American fishermen on those coasts for 

 many years under concurrent and reciprocal laws and mercantile 

 regulations of the respective countries, independently of any treaty 

 whatever.^ 



It was also made evident by the action of the provincial authori- 

 ties that in addition to the denial of commercial privileges to Ameri- 

 can fishing vessels exercising their treaty right of entering the bays 

 and harbors on the coasts covered by the renunciatory clause for the 

 four purposes of shelter, repairs, wood, and v>'ater, such vessels were 

 to be subjected to the same conditions and exactions imposed upon 

 the American vessels enjoying commercial privileges. 



The position of the provincial authorities, as indicated by these 

 instructions and the seizures made under them, was at once called 

 to the attention of the British Government by the Government of 

 the United States, and made the subject of vigorous protest and 

 objection. 



The diplomatic correspondence which ensued is printed in full in 

 the Appendix, but so far as it relates to the question of commercial 

 privileges on the coasts covered by the renunciatory clause it does not 

 call for special comment in this Case inasmuch as the only question 

 with respect to commercial privileges submitted to the Tribunal for 



o Appendix, p. 758. & Appendix, pp. 765-766. 



